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• the time payment is made. For fiscal year 1993 (October 1, 1992, to September <br />• Each payment is to be accompanied by a cover letter that identifies the <br />project and biological opinion that is requiring the payment, the amount of <br />payment enclosed, check number, and any special conditions identified in the <br />biological opinion relative to disbursement or use of the funds (there are <br />none in this instance). The cover letter shall also identify the name and <br />address of the payor, the name and address of the Federal agency responsible <br />for authorizing the project, and the address of the Fish and Wildlife Service <br />office issuing the biological opinion. This information will be used by the <br />Foundation to notify the payor, the lead Federal agency, and the Service that <br />payment has been received. The Foundation is to send noticies of receipt to <br />these entities within 5 working days of their receipt of payment. <br />30, 1993), the depletion charge is 511.98 per acre-foot of the average annual <br />depletion which equals a total payment of 5364.19 for this project. This <br />amount will be adjusted annually for inflation on October 1 of each year based <br />on the previous year's Composite Consumer Price Index. The Service will <br />notify the applicant of any change in the depletion charge by September 1 of <br />each year. Ten percent of the total contribution (536.42) or total payment, <br />will be provided to the Service or its designated agent at the time of <br />issuance of the Federal approvals from the Office of Surface Mining. The <br />balance will be due at the time the construction commences. The payment will <br />be included by the Office of Surface Mining as a permit stipulation. The <br />amount payable will be adjusted annually for inflation on October 1 of each <br />year based on the Composite Consumer Price Index. Fifty percent of the funds <br />will be used for acquisition of water rights to meet the instream flow needs <br />of the endangered fishes (unless otherwise recommended by the Implementation <br />Committee); the balance will be used to support other recovery activities for <br />the Colorado River endangered fishes. Payment should be made to the ational <br />Fish and Wildlife Foundation (see appendix A). <br />National Fish .and Wildlife Foundation <br />1120 Connecticut Avenue NW Suite 900 <br />Washington DC 20036 <br />In a letter dated December 22, 1992, (Appendix B), Somerset Mining Company <br />agreed to this payment. <br />INCIDENTAL TAKE <br />Section 9 of the Act, as amended, prohibits any taking (harass, harm, pursue, <br />hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in <br />any such conduct) of listed species without a special exemption. Harm is <br />further defined to include significant habitat modification or degradation <br />that results in death or injury to listed species by significantly impairing <br />behavioral patterns such as breeding, feeding, or sheltering. Under the terms <br />of Section 7(b)(4) and Section 7(0)(2), taking that is incidental to and not <br />intended as part of the agency action is not considered taking within the <br />bounds of the Act provided that such taking is in compliance with the <br />incidental take statement. <br />• The Service has determined the incidental take associated with this project to <br />be zero. Therefore, no incidental take is authorized. <br />